Goddamn, Goddamn, Goddamn

That’s how many were in an interview between OPB’s “Think Outloud” host Dave Miller and “Eat, Pray, Love” author Elizabeth Gilbert in their rebroadcasted interview today from September 2015. Although not one of George Carlin’s original “Seven Dirty Words”, the trifecta reminded me of a 2009 interview NPR’s Madeline Brand had with Jeremy Renner, who had starred in “The Hurt Locker”. Words were bleeped but his use of “goddamn” wasn’t, which prompted a listener to ask the NPR Ombudsman why not?

The Ombudsman replied that “using god damn it” is not legally profane, according to the FCC. The phrase is not, in legal parlance, “actionable”. The federal agency defines three standards for language; obscene, profane and indecent:

1. Obscene content does not have protection by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

2. Indecent content portrays sexual or excretory organs or activities in a way that does not meet the three-prong test for obscenity.

3. Profane content includes “grossly offensive” language that is considered a public nuisance.

However, a training pamphlet from KBOO Community Radio in Portland, Oregon, identifies words and contexts that apparently are to be avoided just in case an official decided to interpret the law a little more broadly. These include not playing certain songs or repeating certain song titles, sexual jokes or innuendo, creative editing of profane or indecent words or fleeting references, such as “Oh Shit!”

KBOO giving the realm of questionable language such a wide berth might have something to do with the fact that the station was fined $7000 in 2001 for violating community standards on its “Soundbox” program. The station had broadcast a poem by performer Sarah Jones that included lyrics the FCC considered indecent.

From the FCC lawsuit:
Radio Station: KBOO-FM, Portland, Oregon
Date/Time Broadcast: October 20, 1999, on the “Soundbox,” between 7:00 and 9:00 p.m.
Material Broadcast: “Your Revolution”

(Various female voices)

Your revolution will not happen between these thighs
Your revolution will not happen between these thighs
Your revolution will not happen between these thighs
Will not happen between these thighs
Will not happen between these thighs
The real revolution ain’t about bootie size
The Versaces you buys
Or the Lexus you drives
And though we’ve lost Biggie Smalls
Maybe your notorious revolution
Will never allow you to lace no lyrical douche in my bush
Your revolution will not be you killing me softly with fujees
Your revolution ain’t gonna knock me up without no ring
And produce little future M.C.’s
Because that revolution will not happen between these thighs
Your revolution will not find me in the back seat of a jeep
With L.L. hard as hell, you know
Doing it and doing and doing it well, you know
Doing it and doing it and doing it well
Your revolution will not be you smacking it up, flipping it or rubbing it down
Nor will it take you downtown, or humping around
Because that revolution will not happen between these thighs
Your revolution will not have me singing
Ain’t no nigger like the one I got
Your revolution will not be you sending me for no drip drip V.D. shot
Your revolution will not involve me or feeling your nature rise
Or having you fantasize
Because that revolution will not happen between these thighs
No no not between these thighs
Uh-uh
My Jamaican brother
Your revolution will not make you feel bombastic, and really fantastic
And have you groping in the dark for that rubber wrapped in plastic
Uh-uh
You will not be touching your lips to my triple dip of
French vanilla, butter pecan, chocolate deluxe
Or having Akinyele’s dream, um hum
A six foot blow job machine, um hum
You wanna subjugate your Queen, uh-huh
Think I’m gonna put it in my mouth just because you
Made a few bucks,
Please brother please
Your revolution will not be me tossing my weave
And making me believe I’m some caviar eating ghetto
Mafia clown
Or me giving up my behind
Just so I can get signed
And maybe have somebody else write my rhymes
I’m Sarah Jones
Not Foxy Brown
You know I’m Sarah Jones
Not Foxy Brown
Your revolution makes me wonder
Where could we go
If we could drop the empty pursuit of props and the ego
We’d revolt back to our roots
Use a little common sense on a quest to make love
De la soul, no pretense, but
Your revolution will not be you flexing your little sex and status
To express what you feel
Your revolution will not happen between these thighs
Will not happen between these thighs
Will not be you shaking
And me, [sigh] faking between these thighs
Because the real revolution
That’s right, I said the real revolution
You know, I’m talking about the revolution
When it comes,
It’s gonna be real
It’s gonna be real
It’s gonna be real
When it finally comes
It’s gonna be real

In 2003, a more forgiving FCC, after hearing from Jones herself and the station, chose to rescind the fine. Fortunately for KBOO, both the fine and the rescision were before the Janet Jackson “wardrobe malfunction” during the 2004 Superbowl. The public outrage which followed caused the FCC to jack up fines per violation from $32,000 to $350,000. Such a fine would’ve been like a planet killing asteroid smashing through KBOO’s tiny 8th Avenue studio.

The FCC determined that community standards were not violated. It is an example of how the law regarding obscenity, indecency and profanity, whether gratuitous or not, is and isn’t written in stone. There may be several standards at work when stations chose to allow or restrict language that may or may not cost them big bucks, public support or both.